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HomeMy WebLinkAbout2005-032 Central Coast Striping - Pavement Striping CITY OF ATASCADERO CONTRACT# 2°05_" 032 AGREEMENT For The Construction of the Pavement Striping - 2005 This agreement is made and entered into this-_ day of J LX1\.I 2005, at Atascadero, California, by and between the City of Atascadero, hereinafter referred to as "City", and (name of individual or firm) hereinafter referred to as "Contractor". Whereas, Contractor, as will appear by reference to the records of the Proceedings of the City, was duly awarded the contract for the Work hereinafter mentioned. Now, Therefore, it is hereby agreed that: Article 1 -Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are by such reference made a part hereof. Article 2 -The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 - The said Contractor agrees to receive and accept the price stated in the Bid Sheet(s) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice to Bidders, Proposal, Bid Sheet(s), Certification of Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid Security, Non-Collusion Affidavit, Agreement, Faithful Performance Bond, Labor and Materials Bond, Maintenance PROJECT NAME SPECIAL PROVISIONS Pavement Striping-2005 PAGE 10 OF 35 M Bond, Worker's Compensation Certificate, Notice of Award, Notice to Proceed, and the project Plans and Special Provisions. In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order: 1. Agreement 2. Change Orders and Work Directive Changes 3. Addenda 4. Notice To Bidders 5. Contract Proposal 6. Special Provisions 7. Contract Plans 8. City of Atascadero Standard Specifications and Drawings 9. State of California Department of Transportation Standard Specifications, July 2002, or the latest edition thereof. Article 5 - Contractor agrees to commence work pursuant to this Contract within ten (10) working days from the date specified in the Notice to Proceed, and to diligently prosecute the same to completion within the time required by the Special Provisions. Article 6 - For any withhold of amounts earned by Contractor (under Paragraph 2), Contractor may substitute securities as provided in Section 22300 of the Public Contract Code, as amended, which states in part as follows: Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract, provided that substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such moneys to Contractor. Upon satisfactory completion of the contract, the securities shall be returned to Contractor. Alternatively, Contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by Contractor. Upon satisfactory completion of the contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. Contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of Contractor. PROJECT NAME SPECIAL PROVISIONS Pavement Striping-2.005 PAGE 11 OF 35 Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and the public agency. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. The escrow agreement entered into must be substantially similar to the form included in Public Contract Code Section 22300(e). Contractor shall obtain the written consent of the surety to such agreement. If any provision of this Section shall be declared by a court of law to be illegal or unenforceable, then, notwithstanding, this Section shall remain in full force and effect (exclusive of the illegal or unenforceable provision). In Witness whereof, the parties to these present hereunto set their hands on the date first above written. CITY OF ATASCADERO CONTRACTOR By: By: Ab C�n�-ra1 Coast- lczi�r o rbc, 1 r Wade G. McKinney, City TMn ger (name of firm or individual) ;Stp&vpnB. tent. ( na ure) CIS c5���Ka Engineer (printed name) (title) PROJECT NAMESPECIAL PROVISIONS PAGE 12 OF 35 Pavement Striping-2005 WORKER'S COMPENSATION INSURANCE CERTIFICATE Prior to execution of the Contract Agreement, Contractor shall execute the following form as required by Sections 1860 and 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of said Code,and I will comply with such provisions before commencing the performance of the work of this Contract. cca5i 1*1 1 (name of firm (s►gna ure) (date) "T)reS%AQ��r (title) Attest: (signature) (date) (title) PROJECT NAME SPECIAL PROVISIONS Pavement Striping-2005 PAGE 16 OF 35 NOTICE TO PROCEED DATE: pp,,,,�,��.�� /� ,,,� �r TO: r��� Coal' (bidder's name) Uf -V0 I I (street address) cd o, C# 9Yy2-3 (city, state, zip code PROJECT TITLE: Pavement Striping - 2005 You are notified that the Contract Time under the above contract will commence to run on 18 — q— ©:S- -20fY5. By that date, you are to start performing your obligations under the Contract Documents. In accordance with the Agreement the Date of Completion is , 2005. Before you may start any work at the site, the General Conditions provide that you must deliver to ADert Public Works certificates of insurance which you are required to purchase and i cc e with the Contract Documents. 7 . Kahn, City Engineer PROJECT NAME SPECIAL PROVISIONS PAGE 17 OF 35 Pavement Striping-2005 PROPOSALFORM Director of Public Works City of Atascadero 6905 EI Camino Real, Suite 6 Atascadero, California 93422 Gentlemen: The undersigned hereby proposes to perform all work for which a contract may be awarded to the undersigned and to furnish any and all plant, labor, services, material, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefor as provided in the Contract Documents, and to do everything required therein for street improvements within the City of Atascadero as specifically set forth in documents entitled: Contract Documents and Special Provisions for the Pavement Striping - 2005 together with all appurtenances thereto, all as set forth in the Contract Documents; and further proposes and agrees that, if the undersigned's proposal is accepted, the undersigned will contract in the form and manner stipulated to perform all the work called for in the Contract Documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and that the undersigned will accept as full payment therefor the price or prices set forth in the Bid Sheet(s)forming a part hereof. It is understood and agreed that: 1. The undersigned has carefully examined all the Contract Documents which shall comprise those documents specifically referred to in Article 4 of the Agreement Form. 2. The undersigned has, by investigation at the site of the Work and otherwise, satisfied itself as to the nature and location of the Work and has fully informed itself as to all conditions and matters which can in any way affect the Work or the cost thereof. 3. The undersigned fully understands the scope of the Work and has checked carefully all words and figures inserted in its Proposal and further understands that the City will in no way be responsible for any errors or omissions in the preparations of this Proposal. 4. The undersigned understands that no more than 50% of the work, as defined by the contract price, may be done by subcontractors. True copies of subcontracts will be provided to the City Engineer upon his request. 5. The undersigned will execute the Agreement and furnish the required performance and payment bonds and proof of the specified insurance coverage within 10 working days, not including holidays, after notice of acceptance of its Proposal by the City; and further, that this Proposal may not be withdrawn for a period of 60 working days after the date set for the opening of Bids, unless otherwise required by law. PROJECT NAME SPECIAL PROVISIONS Pavement Striping-2005 PAGE 5 OF 35 6. The undersigned hereby certifies that this Proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person or corporation to refrain from bidding; the undersigned has not in any manner sought by collusion to secure for itself an advantage over any other Bidder. 7. In conformance with the current statutory requirements of Section 1860 et. seq. of the Labor Code of the State of California, the undersigned confirms the following as his or her certification: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this Contract." Now: In compliance with the Notice to Bidders and all the provisions hereinbefore stipulated; the undersigned with full cognizance thereof, hereby proposes to perform the entire Work for the prices set forth in the attached Bid Sheet(s) upon which awpLoLQontract is based. Dated r]_,—�s Bidder: By: Pa f►cY, 1nnQe_ (CoS r rate Seal) Mg4 Title: P'(� 1 C�EJ'1T 1G co v y Bidder's Post Office Address: 38573 � Po Bab- t1� M&5&10 el- Corporation organized under the laws of the State of: 0,(AV)fi)(n,jrL PROJECT NAME SPECIAL PROVISIONS Pavement Striping-2005 PAGE 6 OF 35 BID SHEET PROJECT: Pavement Striping - 2005 BID OPENING: NAME OF BIDDER: C,C 1�Q.. BUSINESS ADDRESS: Po BUSINESS PHONE O,5'42 -2&10 BUSINESS FAX: a5" '�p2— RESIDENCE ADDRESS: RESIDENCE PHONE: TO: DIRECTOR OF PUBLIC WORKS CITY OF ATASCADERO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plans and Specifications and read the accompanying instructions to bidders, and hereby proposes to furnish all materials, machinery, tools, labor and services, and do all the work necessary to complete the project in accordance with said Plans and Special Provisions and the Standard Specifications and Standard Plans for the unit prices shown. The undersigned declares that he has read and acknowledges the following: Bids are required for the entire work. Incidental items of work shall be incorporated into the most appropriate unit price bid item and no additional compensation shall be made therefor. The amount of the Bid for comparison purposes will be the total of all items. The total of unit basis items will be determined by multiplying the unit price bid by the estimated quantity set forth for the item. The Bidder shall set forth for each item of work,in clearly legible figures,a unit price and`a total for the item in the respective spaces provided for this purpose. In the case of the unit basis items, the amount set forth under the"Total"column shall be the multiplication of the unit price bid by the estimated quantity of the item. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, if the amount set forth as a unit price is ambiguous, unintelligible, or uncertain for any reason,or is omitted,or in the case of unit basis items,is the same amount as the entry in the"Total"column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the "Total' column shall be the unit price. 2. As to unit basis items, the amount set forth in the "Total' column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The City reserves the right to reject any and all bids. PROJECT NAME SPECIAL PROVISIONS Pavement Striping-2005 PAGE 7 OF 35 CITY OF ATASCADERO Pavement Striping - 2005 ITEMPAYMENT APPROX. UNIT UNIT PRICE TOTAL NO. ITEM DESCRIPTION REFERENCE QTY. ITEM PRICE 'As J4 ED 1 4"Edge Line 10-3.04 53,700 If a (' co 2 4"Broken Line 10-3.04 56,000 If , W8' Single Sol:Line 10-3.04 320 If 10-3.04 210,000 If Sous Lrn Lane 10-3.04 14,500 If Sol10-3.04 6,200 If �n Li -Solid) 10-3.04 575 if Q5� ine 10-3.04 32,100 If e 6 as i TOTAL BID PRICE: $ 36a3, �o Is=Lump Sum sf=Square Feet ea=Each If=Linear Feet to=Ton 'NOTE: In case of error in extension of price into the total price column,the unit price will govern. The Contractor shall comply with the requirements of Division 5, Part 1, of the State Labor Code, and specifically with Sections 6705 and 6707 thereof. The Contractor shall submit for approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection for all areas to be excavated to a depth of five feet or more. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. PROJECT NAME SPECIAL PROVISIONS PAGE 8 OF 35 Pavement Striping-2005 CONTRACTOR'S LICENSING STATEMENT The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors. The undersigned hereby certifies that they possess at the time of bid a State of California Class A General Engineering Contractor's license. The undersigned further agrees that they will maintain current throughout the term of this contract this Class A General Engineering Contractor's license. Contractor's License Classification and Number: Name of Firm or Individual: Ga.fo, Cam} S �P t n Business Address: 'Pd 4c9c 1/ J9'�1�5'Ca herd ; 9c3�13 Business Tel: gQJ - 7`0 2WO Business Fax: (or) Signature, Title, and Address of members signing on behalf of partnership: Name Title Address Name Title Address Name Title Address (or) Name of Corporation: Business Address: Corporation organized under the laws of the State of ���11�(h i Dl. Signatur Corporation Signature of Secretary o Corporation SPECIAL PROVISIONS PROJECT NAME PAGE 9 OF 35 Pavement Striping-2005